Fatwa ID: 02789
Answered by: Maulana Imran Mughal
Assalamu Alaikum Wa Rahmatullah
A friend of mine was terminally ill. A few months before he died, he requested that I perform the Fardh Hajj on his behalf and gave me sufficient money to cover the cost of Hajj. However, I have spent all the money that I was offered and I have not yet performed the Hajj.
Coincidentally, I have been offered to perform a completely free Hajj by some well-wishers. They said that they will bear all the costs of my Hajj.
My question is: if I make the intention that I am performing this Hajj on behalf of my deceased friend, will that be sufficient? Will that Hajj discharge me of the duty to perform a new Hajj on behalf of my deceased friend? Or do I have to do a completely new Hajj?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
Performing Hajj on behalf of someone else is permissible in Islam, and in your case, it will also be permissible to intend Hajj on behalf of your deceased friend keeping in mind to make the intention whilst wearing your Ihram.
You are also liable for the money which you received for the Hajj and you must pay it back to the inheritors.
Only Allah Ta’ala knows best
Written by Maulana Imran Mughal
Checked and approved by Ustadha Sabrina
Darul Ifta Birmingham
 Ibn Abidin, Raddul Muhtaar Ala ad-Durr al-Mukhtar (Beirut: Dar Alam al-Kutub, 2003), 4:16.
 Shaykh Nizam, Al-Fatawa al-Hindiyyah (Beirut: DKI, 2000), 1:284.